Medical malpractice is when a healthcare provider’s actions or omissions during patient care fall below accepted medical standards, causing harm. It involves negligence by a doctor, nurse, or facility that results in injury.
To establish that you have grounds for a medical malpractice lawsuit in Maryland, we must first establish that these elements are present:
- Duty of care
- Breach of duty
- Causation
- Damages
In our experience, common examples of medical malpractice are:
- Misdiagnosis or delayed diagnosis
- Failure to diagnose
- Surgical errors
- Medication errors
- Birth injuries
- Anesthesia errors
- Nursing home abuse/neglect
No matter your situation, it’s important that you contact our medical malpractice lawyer in Baltimore for guidance on medical malpractice laws relating to your situation.
Common Forms of Medical Malpractice
Medical malpractice encompasses a variety of errors and instances of medical negligence made by healthcare professionals that result in harm to patients.
Understanding the different types of malpractice is essential for recognizing potential negligence and seeking appropriate legal recourse. Here are the primary types of medical malpractice:
Misdiagnosis or Delayed Diagnosis
Misdiagnosis or delayed diagnosis occurs when a healthcare provider incorrectly diagnoses a patient or fails to diagnose a condition in a timely manner, which may be litigated under Maryland health laws.
This can lead to improper treatment, delayed treatment, or no treatment at all, causing harm to the patient. Examples include diagnosing a patient with a common infection instead of cancer or failing to recognize the signs of a heart attack.
To file a lawsuit for misdiagnosis or delayed diagnosis, Frank Spector is an experienced Baltimore medical misdiagnosis lawyer
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Failure to Diagnose
Failure to diagnose occurs when a healthcare provider misses or delays identifying a patient’s condition, leading to harm that could have been avoided with timely and accurate care. This form of malpractice often involves conditions like cancer, infections, or heart disease, where early detection is critical for successful treatment.
In Maryland, proving a failure to diagnose case means showing that the provider did not act as a reasonably competent professional would under similar circumstances. This is something our failure to diagnose lawyer can help you with.
This usually requires expert testimony to explain how the correct diagnosis should have been made and how the delay or error caused the patient’s condition to worsen, resulting in additional harm or complications.
Surgical Errors
Surgical errors are mistakes that occur during surgery. These can range from operating on the wrong site or leaving surgical instruments inside the body to causing unintended damage to organs.
The consequences of surgical errors can be severe, including infections, prolonged recovery times, and additional surgeries, which is why having a Maryland surgical error lawyer on your side is paramount.
Medication Errors
Medication errors involve mistakes in prescribing, dispensing, or administering medication.
Common medication mistakes include incorrect dosage, prescribing the wrong medication, or failing to check for drug interactions. These errors can result in adverse reactions, worsening of the condition, or even death.
Birth Injuries
Birth injuries refer to harm caused to a newborn during the delivery process. Types of injuries include cerebral palsy, brachial plexus injuries, and fractures. Long-term impacts can range from physical disabilities to developmental delays, affecting the child’s quality of life.
Frank Spector is a highly experienced Baltimore birth injury lawyer and will treat your case with extreme care and compassion.
Anesthesia Errors
In Frank’s experience as an anesthesia error lawyer, anesthesia errors occur when there are mistakes in administering anesthesia, leading to complications during surgery.
Risks and potential outcomes include administering too much or too little anesthesia, failing to monitor the patient properly, or allergic reactions. These errors can cause brain damage, awareness during surgery, or even death.
Nursing Home Abuse/Neglect
Nursing home abuse and neglect can be classified as a form of medical malpractice in Maryland, where health care providers are expected to meet an accepted medical standard of care.
When nursing home staff fail to provide adequate medical treatment or allow residents to suffer from preventable injuries due to negligence, they may be held liable for medical malpractice.
To pursue a medical malpractice case, the plaintiff must provide evidence of negligence by the health care provider, often requiring testimony from a qualified medical expert. This expert can help establish whether the nursing home staff met the accepted medical standard of care.
In cases of severe abuse resulting in wrongful death, families can file a Maryland wrongful death claim, seeking justice and accountability under state law.
For help to file a medical malpractice lawsuit relating to nursing home abuse, reach out to our nursing home abuse lawyer today!
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Additional reading: malpractice vs negligence
Legal Elements of a Medical Malpractice Claim in Maryland
Understanding the legal elements of a claim is crucial for patients seeking justice. Here are the key components involved:
Duty of Care
In a Maryland medical malpractice case, the first element is establishing the duty of care. This means demonstrating that a physician or healthcare provider had a responsibility to provide competent and appropriate care to the patient, based on what a reasonably skilled healthcare professional would do under similar circumstances.
Breach of Duty
A breach of duty occurs when the healthcare provider fails to meet the established standard of care, potentially contributing to wrongful death or personal injury.
This can happen through actions or omissions that deviate from what is expected in the medical community, such as surgical errors, misdiagnosis, or improper treatment.
Causation
Causation connects the breach of duty directly to the injury suffered by the patient. It must be shown that the healthcare provider’s negligence directly caused harm. This often requires detailed medical records and expert testimony to prove the link between the provider’s actions and the patient’s injuries.
Damages
Compensation refers to the amount that patients can claim in a medical malpractice lawsuit under the statute.
In Maryland malpractice cases, this compensation can include economic losses like medical bills and lost wages, as well as non-economic losses like pain and suffering.
A medical malpractice lawyer can help assess and quantify these damages to ensure fair compensation.
Filing a Legal Malpractice Claim
Filing a medical malpractice claim involves several steps, including gathering evidence, consulting with a medical malpractice lawyer, and submitting the claim within the statute of limitations in the state of Maryland.
As an experienced Maryland malpractice attorney, I can guide patients through this process to improve their chances of a successful outcome.
Additional Notice Requirements for Government Entities
If the alleged malpractice occurred at a government-run facility, additional notice rules apply:
- Maryland state government: written notice within one year of the injury (Md. Code Ann., State Gov’t § 12-106).
- Local governments: written notice within 180 days (Md. Code Ann., Cts. & Jud. Proc. § 5-304).
- Federal government: written notice within two years (Federal Tort Claims Act).
Failure to provide a timely notice may bar the claim entirely.
Additional reading: anesthesia malpractice
Lack of Informed Consent as Medical Malpractice
Maryland law recognizes a separate cause of action for failure to obtain informed consent. Healthcare providers must disclose the material risks and alternatives of proposed procedures or treatments, enabling patients to make informed decisions.
A provider’s failure to adequately inform the patient can give rise to a malpractice claim even if the treatment itself was competently performed. Notably, expert testimony is not always required to bring an informed consent claim, as the focus is on what a reasonable patient would want to know.
The Venue in Maryland Medical Malpractice Cases
Maryland law requires lawsuits to be filed in the county where the alleged malpractice occurred or where the defendant resides (Md. Code Ann., Cts. & Jud. Proc. §§ 6-201, 6-202).
Our plaintiffs often prefer venues like Baltimore City or Prince George’s County, which are perceived as more favorable for plaintiffs. However, venue selection must comply with statutory requirements.
Certificate of Qualified Expert Requirement
Before a medical malpractice lawsuit can proceed, state law requires the plaintiff to file a Certificate of Qualified Expert under Md. Code Ann., Cts. & Jud. Proc. § 3-2A-04(b). This certificate must come from a licensed medical professional who attests under oath that the defendant healthcare provider deviated from the accepted standard of care and that this deviation caused harm to the patient.
Importantly:
- The certificate must be filed within 90 days after the complaint is filed.
- The certifying expert must work in the same or a related specialty and may not earn more than 20% of their income from providing testimony in malpractice cases.
- Failure to file this certificate can result in the dismissal of your case.
Obtaining this certificate typically requires significant expert review and analysis of medical records, highlighting why early consultation with a qualified attorney is crucial.
Mandatory Arbitration in Maryland Medical Malpractice Cases
Under the Maryland Health Care Malpractice Claims Act (Md. Code Ann., Cts. & Jud. Proc. § 3-2A-01 et seq.), most medical malpractice claims must first be filed in the Health Care Alternative Dispute Resolution Office (HCADRO) for arbitration before proceeding to court.
However, in practice, parties — especially plaintiffs — frequently waive arbitration. The law allows this waiver at any time after filing the Certificate of Qualified Expert. While arbitration could theoretically streamline resolution, it is often bypassed in favor of proceeding directly to court.
Contact our Maryland medical malpractice attorneys today for sensitive and expert guidance relating to your case!
Who Can Be Held Liable in a Maryland Medical Malpractice Case?
Multiple parties may be liable, including:
- Physicians and surgeons: These are often the primary defendants in malpractice cases, as they have direct responsibility for diagnosing and treating patients. Errors in surgery, misdiagnosis, or failure to treat appropriately can all lead to liability.
- Nurses play a critical role in patient care and can be liable for failing to monitor patients properly or administer medications safely. Their actions are held to professional standards similar to those of doctors within their scope of practice.
- Physician assistants work under physician supervision but can independently contribute to negligence through errors in diagnosis, treatment, or procedures. They are expected to exercise reasonable care consistent with their training and responsibilities.
- Pharmacists may be held liable for dispensing the wrong medication or dosage, or for failing to catch dangerous drug interactions. Their duty includes ensuring prescriptions are filled safely and accurately.
- Hospitals and health systems: Hospitals can be liable for the actions of their employees or for systemic failures, such as inadequate staffing or improper policies. They may also face claims for credentialing negligent providers or failing to maintain safe facilities.
- Outpatient clinics may be liable for negligent care provided during office visits, minor procedures, or follow-up treatments. These clinics are responsible for ensuring that their staff and systems provide care that meets the standard of practice.
- Rehabilitation centers can be liable if their staff fail to provide appropriate therapy or fail to monitor for complications. Negligence can occur in physical, occupational, or speech therapy settings where patient safety is compromised.
- Nursing homes often face liability for failing to provide proper medical care, prevent bedsores, or protect residents from harm. Their duty extends to ensuring residents receive appropriate supervision, medication, and daily care.
- Medical device manufacturers (in certain cases) can be liable when defective medical devices contribute to a patient’s injury during treatment or surgery. Claims against these companies typically involve product liability law in addition to medical malpractice.
Maryland’s Statute of Limitations for Medical Malpractice
Understanding the Maryland medical malpractice statute of limitations is crucial for anyone considering a medical malpractice claim in Maryland. Here are the key points:
General Timeframe for Filing a Claim
In Maryland, the statute of limitations for medical malpractice claims generally requires that you file a medical lawsuit within five years from the date the injury occurred or three years from the date the injury was discovered, whichever comes first.
Special Considerations for Minors and Incapacitated Individuals
For minors, the statute of limitations is extended. A minor has until their 21st birthday to file a medical malpractice claim. Similarly, incapacitated individuals may have additional time to file a claim depending on the nature and duration of their incapacity.
Steps to Take if You Suspect Medical Malpractice
If you suspect that you have been a victim of medical malpractice in Maryland, take the following steps to protect your rights:
1. Gather Medical Records
Start by collecting all relevant medical records, including test results, treatment plans, and communication with healthcare providers. These documents are crucial for assessing the details of your case and determining if you can bring a lawsuit.
2. Seek a Second Opinion
Consult another medical professional to get an independent assessment of your condition and the care you received. A second opinion can help confirm whether malpractice occurred and provide additional evidence.
3. Contact a Medical Malpractice Lawyer
Reach out to an experienced Maryland malpractice attorney. They can evaluate your case, guide you through the legal process, and help you file a health care malpractice claim.
Proving Medical Malpractice in Maryland
Proving medical malpractice requires a strong foundation of evidence and expert testimony to establish negligence and its impact on the plaintiff.
Importance of Expert Witnesses
Expert witnesses play a crucial role in medical malpractice cases. They provide professional opinions on whether the standard of care was breached and how it directly caused the patient’s injuries. Their testimony helps establish the connection between the healthcare provider’s negligence and the harm suffered by the patient.
Role of Medical Records and Documentation
Medical records and documentation are vital in proving a medical malpractice claim. They offer detailed evidence of the patient’s medical history, treatments received, and any deviations from the standard of care by the health care provider.
These documents help build a strong case by corroborating the testimony of expert witnesses and highlighting inconsistencies in the care provided by the healthcare provider.
The Doctrine of Res Ipsa Loquitur
In rare cases, Maryland law allows plaintiffs to rely on the doctrine of res ipsa loquitur — Latin for “the thing speaks for itself” — to infer negligence without direct expert testimony. This applies when:
- The injury is of a type that ordinarily does not occur without negligence,
- The injury was caused by an instrumentality exclusively within the defendant’s control, and
- The injury was not due to any voluntary action or contribution by the plaintiff.
Example: A surgical instrument left inside a patient’s body may qualify. However, most medical malpractice cases still require expert testimony.
Maryland Does Not Recognize Loss of Chance Claims
Unlike some other states, Maryland does not permit recovery under the loss of chance doctrine in medical malpractice cases. To succeed, plaintiffs must prove that the provider’s negligence more likely than not (51% or greater probability) caused the harm. A reduced chance of survival or recovery, by itself, is not compensable.
Compensation in Maryland Medical Malpractice Cases
Economic vs. Non-Economic
In Maryland medical malpractice cases, patients can claim both economic and non-economic damages.
- Economic damages: They cover tangible financial losses, such as medical bills, rehabilitation costs, lost wages, and future medical expenses. These are quantifiable costs that directly impact the patient’s financial situation.
- Non-economic damages: Compensation for intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life.
Damage Caps in Maryland for a Medical Malpractice Lawsuit
There is a Maryland cap on non-economic damages that you need to be aware of. This cap limits the amount a patient can receive for pain and suffering and other non-economic losses.
The cap amount is adjusted annually for inflation under Maryland law, and it’s essential to consult a medical malpractice lawyer to understand how these caps might affect your specific case.
Collateral Source Rule in Maryland
Maryland generally follows the collateral source rule, allowing plaintiffs to recover the full value of damages, even if they received compensation from other sources (such as insurance). However, in malpractice cases, certain exceptions apply — for example, for amounts the plaintiff did not pay or is not obligated to repay.
Contact an Expert Medical Malpractice Attorney in Maryland
Thinking of filing a medical malpractice suit? I am a qualified Maryland medical malpractice lawyer and can take your medical malpractice case.
At Frank Spector Law, LLC, I handle challenging medical malpractice cases in Maryland. With decades of experience, I am dedicated to achieving justice for victims of medical negligence.
If you are a victim of a medical professional’s negligence, contact me at 443 -845-1456 to schedule a free consultation. In the meantime, explore my website to learn more about my services and how I can assist you.
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FAQs
What are three of the most common medical malpractice claims?
Three of the most common medical malpractice claims are misdiagnosis or delayed diagnosis, surgical errors, and medication mistakes. These errors can lead to serious complications, requiring additional treatment, causing permanent harm, or even resulting in wrongful death in severe cases.
What is the pain and suffering law in Maryland?
Maryland law places a limit on non-economic damages, including pain and suffering, in medical malpractice cases. This cap is set by statute and increases slightly each year. Pain and suffering compensation aims to address the emotional and physical hardship caused by medical negligence.
How much can you sue your doctor for in Maryland?
In Maryland, you can seek compensation for both economic and non-economic damages. While economic damages like medical bills have no cap, non-economic damages, such as pain and suffering, are capped by law. As of 2024, that cap is $950,000, adjusted annually for inflation.
How to sue a doctor in Maryland?
To sue a doctor in Maryland, you must first file your claim with the Health Care Alternative Dispute Resolution Office (HCADRO) and submit a Certificate of Qualified Expert. Most cases also require expert testimony, and strict filing deadlines apply, so contacting an attorney promptly is important.
Additional reading: how to sue a hospital for negligence